Information to public bodies

Disclosure officers cannot delegate authority to someone else. If they did so, whistleblowers would lose the immunity and protection against reprisal provided under the Act. Immunity and protection apply when a disclosure is made to the officer or during the audits carried out by the officer.

As part of an audit, disclosure officers may ask anyone who can provide information or documents to cooperate, as well as ask for an analysis or opinion on a matter, provided that the identity of the whistleblower and the people who cooperate remains confidential. The officers are therefore responsible for ensuring that the procedure guarantees the whistleblower’s anonymity. 

To know more about disclosure officers’ obligations, see the Information to public bodies section.

In principle, no. They must maintain the confidentiality of the audit unless wrongdoing has been committed, in which case, they must report it to the highest-ranking administrative authority.

If no wrongdoing has occurred, they must close the file and maintain its confidentiality. However, they may refer the whistleblower to other internal mechanisms or transfer the file to them, but only with the whistleblower’s consent.

To know more about disclosure officers’ obligations, see the Information to public bodies section.

No. Disclosure officers within public bodies can only carry out audits. Unlike the Québec Ombudsman, they do not have the powers of a public inquiry commissioner. As a result, they cannot summon someone to provide them with the information or documents needed for an investigation.

Officers responsible for dealing with disclosures can only process disclosures from the staff of their public body.

See the reference document for public bodies (in French) for more information.

Disclosure officers must report directly to the highest-ranking administrative official. The officer should have the independence, impartiality and availability required to receive disclosures from employees confidentially and to carry out the required audits. 

See the Information to public bodies section for more information.

Public bodies must appoint a disclosure officer and establish a procedure for making disclosure easier. Childcare centres (CPEs), subsidized day care centres, home childcare coordinating offices and municipal bodies are exempted.

Exemptions may be granted because of the size of the public body or the scarcity of its resources. Public bodies with fewer than 50 employees made be granted an exemption if they request one from the Québec Ombudsman. If there are more than 50 employees, other factors may be considered (including limited financial resources and certain situational challenges).

See the Applying for an exemption section for more information.